Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    jackbauer01 Novitiate



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    Cool Jack Bauer vs RBOS

    Received my 6 yearsicon worth of statements on my single AND joint account.

    Total amount eventually with 8% will be just under 10,000.

    I have decided to combine the two accounts and then split it into 2 claims so I keep it under 5,000.

    I have sorted all account charges and interest charges into date order and it works out if I claim between January 2002 and 16th August 2004 it comes to just over 3,500. This is what I am claiming for first. Once 8% is added in court, this will take the claim to 4985.

    I will claim for the second 5,000 once this is settled. I want to play it as safe as possible.

    Sent my first letter 28th March 2007 to:
    The Royal Bank of Scotlandicon
    Retail Regulatory Risk
    Business House B
    PO Box 1000
    Edinburgh
    EH12 1HQ


    Will wait the 7 days now for a response before sending my second.

    Only thing I am a little unsure of is the Interest Charges as I couldn't understand why sometimes the formula worked out I was not due any interest, yet the same amount on a different year worked out I was due it all back.

    For example:

    04th February 2001 I was charged 17.12 interest with an o/d balance of -837.65. The formula worked out I was ok to claim 4.19.

    However, put the same information into the spreadsheet with date of 04th February 2007 and you get the full 17.12 back.

    Can anyone explain this to me, so I understand what I am claiming for?

    My understanding though is that even if I don't understand the interest forumla it is up to the bank to work out a different method of calculation.

    Still it would help to know!

    Thanks, and I will keep you posted on both my claims as they happen and donateicon at the end if succesful.


  2. #2
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    Default Re: Jack Bauer vs RBOS

    Jack, the small claimsicon limit doesn't include interest.

    Furthermore I would suggest that you revise your claim back to seperate accounts. Firstly, you run the risk of having your second claim struck out by abusing the system (ie by splitting it to avoid costs) and you should really make a claim in full. Claiming for two accounts seperately is more reasonable. I realise you may have seen different advice to this, but in recent weeks, the scottish courts have started striking out second / third claims for this reason and it only takes one judge to have a bad day....

    Secondly, due to the calculations of the spreadsheet, you shouldn't really have two accounts running in the same sheet. The calculations look up previous dates and you will be calculating interest figures across two accounts which is wholly incorrect.

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  3. #3
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    Default Re: Jack Bauer vs RBOS

    And I'm real sorry for picking again, but why are you only giving them 7 days? The purpose of the 14 days advised on this site is to allow the bank a total of 28 days to resolve your complaint before going to court.

    Not giving them a reasonable amount of time to resolve could be seen (in court) as you not being reasonable, again another reason the banks could apply for your claim to be stricken out.

    As for the interest calculation, it might be up to the bank to contest, but you certainly can't send them any old crap - it still has to be correct! If you had an issue with it, you should surely have checked BEFORE sending it off???!?!?

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
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    RBS CA1 2794 SETTLED!!! RBS CA2 503 SETTLED!!! HBOS CC 498 SETTLED!!! Barclaycard 705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!
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  4. #4
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    jackbauer01 Novitiate



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    Default Re: Jack Bauer vs RBOS

    Thanks for the reply.

    Regarding the 7 days, apologies. I did actually put 14 days in the letter, so that was a error on my thread. I have used the standard template letter on this website.

    As for the interest calculation, the amount I have worked out was done using the advanced spreadsheet. I just couldn't understand the different amounts given back on different days for the same interest charges and balances. However, I now see that may be because I was combining my two accounts and so it was throwing the formulas out.

    I have taken my letter back out of the post tray and am going to rewrite it so that I am making a claim in full.

    Am I still OK to seperate the claims into 2 for each account? For example, deal with my Single Account claim first in full and see how that works out. Then start the process again for my Joint Account?

    The only reason I didn't do this in the first place was because one of the accounts was for 4,500 and so when the 8% would go on, it would have gone over the 5,000 limit and I was worried about going out of small claimsicon and I didn't want to reduce the claim to keep it within the limit.

    I was told the small claimsicon limit may have included interest and so was just trying to play it safe.

    Thanks again!


  5. #5
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    aussie22 Novitiate



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    Default Re: Jack Bauer vs RBOS

    Does anyone know what the Court Bundle documents page is all about.
    It asks for:-

    (i) correspondence ?

    (iii) statements ?


  6. #6
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    Default Re: Jack Bauer vs RBOS

    Jack, handy it's only in the post tray! In which case, my advice would be what you have suggested. Two claims, one for each account. I don't see why you need to wait as one can't implicate the other but that is up to you. Incidentally, I did claims for two accounts with RBSicon, you can find links to them in my sig. The one settled before the other and I used the fact that the first one settled to fastrack a settlement on the second one.

    I can confirm definitely definitely definitely that the SC limit DOES NOT include statuatory 8%. Just to check, you won't be including that UNTIL you file in court right? In which case, your 4,500 is fine.

    I'm not an expert on the spreadsheets but I believe that the interest charges might be compounded ie they take into account previous charges and balances - I'm not sure though. By all means once you have split it out, I will gladly run over it and try to explain if you want?




    Aussie, I don't entirely understand your question but in any case, I would advise you to ask this in your own thread not someone elses. Top of the forum page is a button NEW POST, write a new threadicon (aussie VSicon RBS or whoever) and ask your questions in there. Far more likely to get a better response that way.

    If my post has been useful, tip my scales and let me know

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  7. #7
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    jackbauer01 Novitiate



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    Default Re: Jack Bauer vs RBOS

    Thanks for agreeing to quickly run over the interest on penalties for me.

    I have sent the two files over.

    About midway down each one, the Interest Charged and Interest on Penalties become the same.

    Have a look and see if seems right to you. Thanks again. I will send it off once I feel more comfortable with this.

    I may run the two at the same time and hopefully get a fasttrack if succesful on the second.

    Jack

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  8. #8
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    jackbauer01 Novitiate



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    Default Re: Jack Bauer vs RBOS

    Mail has been sent to you reference charges.

    Will await your advice.

    Thanks again.

    Jack

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  9. #9
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    jackbauer01 Novitiate



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    Default Re: Jack Bauer vs RBOS

    Thanks for helping me with my spreadsheet.

    I have received a reply regarding the interest calculation as time goes on and you are given more charges by the bank, it is likely that more of the overdraft interest will exist as a consequence of those charges. This is how the spreadsheet works it out.

    I have also noticed now though that some of my charges have gone over the 6 year limit (2 months over). Will I need to take these out now, if I wish to keep my claim less opposable (for want of a better phrase!)
    It's about 355 worth.

    Thanks

    Jack


  10. #10
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    Default Re: Jack Bauer vs RBOS

    Personally, I would leave them in there until they tell you to take them out

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 2794 SETTLED!!! RBS CA2 503 SETTLED!!! HBOS CC 498 SETTLED!!! Barclaycard 705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!
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  11. #11
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    jackbauer01 Novitiate



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    Default Re: Jack Bauer vs RBOS

    It has been 14 days since my first letter, and I have received a lettericon from RBOS saying that they are looking into the matter and they will come back to me shortly.

    Am I right in thinking that I send my second letter giving another 14 days and carry on with the process?

    Thanks

    Jack


  12. #12
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    Default Re: Jack Bauer vs RBOS

    yes you are

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 2794 SETTLED!!! RBS CA2 503 SETTLED!!! HBOS CC 498 SETTLED!!! Barclaycard 705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!
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  13. #13
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    jackbauer01 Novitiate



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    Wink Re: Jack Bauer vs RBOS

    Can anyone help?

    I have some partially good news!!

    I originally sent off two applications, one for my single account (4,207.00)and one for my joint account (3,006.00).

    I have had my first letter back from RBOS offering 4,207.00. I am presuming that as I made my applications seperately, they will respond seperately and so this is just for the single account application.

    What I wish to do now is to write back advising that I have a 2nd claim outstanding and should they wish to make the same offer on that one then I would be prepared to accept both out of court.

    Is this wrong to do this? Should I just wait to see what happens on the 2nd one or should I use this offer to fast track the second with a follow up letter?

    I want to do it for 2 reasons:

    - To ensure that this first offer isn't for both claims
    - To try and get a quick resolution on the second.

    What do you think?

    The other point I wish to clarify is that RBOS are making the payment directly into my account, however I wish to have this made by cheque. How do I go about requesting this? Do I just write to advise?

    Thanks

    Matthew

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  14. #14
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    jackbauer01 Novitiate



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    Exclamation Re: Jack Bauer vs RBOS

    Going to write reply letter today. Wondering if anyone can help before I write?

    Thank you in advance!


  15. #15
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    brightestsparkler Novitiate brightestsparkler's Avatar



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    Default Re: Jack Bauer vs RBOS

    My thoughts would be to phone them for clarification, would surely be quicker.


  16. #16
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    jackbauer01 Novitiate



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    Talking Re: Jack Bauer vs RBOS

    Didn't want to telephone as I have always been advised to do things by letter as there is a risk of emotions taking hold on the telephone.

    Sent this letter to them on the 13th June:

    Thank you for your letter dated ..... I wish to accept your offer of settlement on the above account. This will be on the basis of a Full and finalicon settlement of my complaint on the above account only.


    I am still currently in the process of awaiting a response from yourselves regarding reference xxxxxxxxx; this complaint was acknowledged on ............

    I would appreciate a consistent speedy response on that equal matter as soon as possible to avoid any further action.

    To clarify my position, I am accepting this offer as payment for my first claim, not both. I require repayment of my second claim in full. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interests plus my costs and without further notice.

    I have supplied a list of all charges and interest applied to the second account for your reference. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter .......

    Finally, to assist me in further in my financial commitments, I would like to ask that you transfer the funds to the following bank account:


    AN Other Bank
    Address

    Account Number: xxxxxxxxx Sort Code: xxxxxxxxxx
    Alternatively a cheque will suffice.


    Have now had the following reply:

    Thank you for your correspondence received here on 18/06/07 relating to your claim for a refund of charges applied to your account.

    Unfortunately, due to the outstanding debt on open account number xxxxxxxx I am unable to comply with your request for payment to be made into another account. If you wish to proceed with your acceptance and have the funds transferred to this account then please confirm to us in writing.


    Please do not hesitate to contact me if I can be of further assistance.

    Yours sincerely.....

    The outstanding debt is an agreed overdraft.

    Should I just have it transferred and hope they don't try and cancel my overdraft? Or should I request a cheque, as I have advice that a cheque is best, in case they cancel the overdraft?

    Also, they haven't acknowledged my other claim in this correspondance.

    Any suggestions as to how I should reply?

    I am thinking about just writing to instruct them to transfer the funds into my account as payment for my first claim and to settle only that one and not both. I will then advise them that I will be proceeding with the second one in due course, advising them that as they received my letter on the 18th June 2007, I will give them 14 days from then to reply to that second claim, which gives them until the 2nd July 2007, at which point I will put in my claim to the courts.

    What do you think?

    Thanks in advance

    Jack




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